Bicyclist's Guide to Hiring an Injury Lawyer: Part 3 of 3

By
Richard L. Duquette
|May 15, 2018

Image Copyright: Illia Uriadnikov

Introduction

Every week I receive calls from injured bicyclists looking for an experienced
injury lawyer. My intention herein is to help bicyclists and their families
select the
best lawyer. Each client has specific goals based on their case. But just as every
case is different, so is every client. People
need to hire a lawyer because they have a legal case and need professional
help. But clients
choose to hire
a specific lawyer because of their unique motivations, values, and concerns.

In the many years since I began practicing in 1983, I’ve identified
several overarching concerns that clients bring to the decision to hire an attorney. I call these the
“reasons to hire a lawyer” because anyone faced with a situation
where they need a lawyer is likely feeling one or more of these feelings.

If you feel any of these reasons have relevance to you, please read this
guide for truthful insight into protecting your interest.

…continued from part 2:

What is a "Contingency Fee"?

A contingency fee is a payment structure whereby the client pays the attorney’s fees
out of the total recovery. The client pays nothing if they do not recover.
The standard contingency fee is 33% of a settlement and goes up to 40%
of the total recovery if a lawsuit has to be filed. It's not an hourly
fee structure.

How is a 33% contingency fee set? Why 33%? While 33% may seem high to some, it is justified by the risk taken on
by the attorney in advancing their time, labor, and capital resources
to build a case with no guarantee of payment to them. This fee structure
gives the lawyer financial breathing room to fund the next case and take
the next risk. The benefits the client include:

Exceptional customer service from a well-funded law office.

Provide exceptional in-depth work product that often yields greater settlement
instead of trial which leads to delay, expenses, stress and risk.

Many times, "discount firms" mislead consumer victims with a
low 25% initial fee, only to later jack it back up to 40% by prematurely
filing suit. If you want a discounted fee, get the same 8% discount from
intake through the filing of suit and trial in order to test if it’s
a true discount. If they won’t keep it at 25%, the
entire case, it’s a scam, don’t be misled. Discount lawyers
offset the low contingency fee
at your expense in the case settlement value.

I promise to never net more than my client. Should the case’s value,
or source of recovery proves to be limited. This protects you.

Experienced trial lawyers may not discount fees, but they often save and make you
money in the long run due to their skills and judgement, reputation and
trial skills. These all influence
your case’s value and help bring it to a quicker resolution.

33% allows me to fee split with qualified associated lawyers to intensify
the legal work on the front end of the case and force a prompt settlement,
whether pre- or post-litigation.

What are my
out of pocket costs? Out of pocket costs depend on the case. Some cases have high out of pocket
medical costs, depending on the injuries, treatments, and the insurance
policy. This can be very stressful for the client as they wait for their
settlement, but a good lawyer will protect their client from unfair collections
practices. Other clients who have the means to do so choose to pay litigation
costs up front rather than reimbursing the attorney out of their recovery.
Paying out of pocket costs tend to increase your final recovery amount.
It's like investing in your case.

www.911law.com * 760-730-0500 * Podcast: Bicycling and The Law 911law.com

The information in this article is for general information purposes only.
The focus of this article is on California Law. You should contact an
attorney in your state for case specific advice, as details of the law
and procedural requirements vary from state to state. Nothing in this
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changes in the law.

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